Letter calling on NY state to deny Norlite permit renewal application | WNYT.com

Letter calling on NY state to deny Norlite permit renewal application

WNYT-TV
Created: July 28, 2021 05:41 PM

July 28, 2021

Commissioner Basil Seggos,
NYS Department of Environmental Conservation Commissioner Basil Seggos
625 Broadway, Albany, NY 12207

cc: Governor Andrew Cuomo
Attorney General Letitia James

RE: Norlite Title V and Part 373 Pollution Permits Renewal

Dear Commissioner Seggos:

The 122 undersigned organizations urge your agency to deny the renewal of Norlite (Cohoes, NY) Aggregate Air Title V and Part 373 hazardous waste permit applications. It is time to end this public nuisance which is such a threat to the health and well-being of capital district residents. Norlite’s practices make it not susceptible to effective regulation.

This is one of the most serious environmental justice problems in the state. The Department of Environmental Conservation (DEC) has designated this part of the city of Cohoes as an environmental justice area. Norlite is just hundreds of feet from Saratoga Sites, a public housing apartment complex that is home to 70 families.  It is directly across the Hudson River from Troy, where 50,000  people reside and likely breathe in Norlite emissions.

Norlite, LLC, was founded in Cohoes in 1956. It manufactures ceramic lightweight aggregates for road filler and construction from shale. Norlite mines the shale from an on-site quarry and processes in two high-temperature kiln. Norlite fuels the kilns using toxic waste and fracked gas-- there are only two kilns in the country used to make aggregate in this way. This process also produces silicate, similar to that produced by volcanoes. Norlite is now owned by Tradebe USA, a multi-national company based in Spain.

The neighborhood around Norlite has changed over the last 65 years. In addition, several decades after the facility opened, the company significantly changed its operation when it began burning hazardous waste.

Norlite is the only commercial hazardous waste incinerator in the state of New York. It accepts some of the most toxic materials from throughout the country for disposal. A large portion of Norlite’s revenue comes from incinerating this waste.

Norlite has continued to operate for decades in a residential community despite repeated health and air complaints. Residents in the nearby public housing project to the east of the Norlite plant have long complained about odor, dust and air-pollution-related illnesses. Other neighbors complain about the damages done to their home foundations from the regular blasting in the quarry at the facility.

Despite decades of monitoring and modest fines by state and federal regulatory agencies (NYS DEC, EPA) and pollution equipment upgrades, the plant continues to pose significant pollution and public health problems. State and federal environmental oversight have been inadequate to protect community residents. In 2020, the EPA settled with Norlite for years’ worth of permit and Clean Air Act violations, affecting multiple aspects of their operations and resulting in unknown quantities of emissions of dioxins, furans, semi-volatile metals, low-volatility metals, hydrogen chloride and chlorine gas, particulate matter, mercury, chromium, arsenic, and beryllium. These are serious violations in addition to Norlite’s burning 2.4 million pounds of PFAS-laden firefighting foam in secret for 2 years.

The State Legislature, Albany County Legislature and the City Council in Cohoes all had to pass legislation in 2020 to take action to stop the import and burning of the toxic fire-fighting foam (AFFF) at Norlite as DEC ignored several years of burning of the material that appears to be in violation of existing permits and certainly was done without public notice by Norlite or DEC to impacted residents or local officials. This is the just the latest of many examples of the inability and unwillingness for Norlite to comply with the law and permit restrictions, and of state and federal officials’ inability to enforce the law and permits that Norlite is supposed to operate under.

For these and the reasons listed below, it is time for the state to at least end the ability of the facility to burn hazardous waste if not outright deny the renewal altogether.

·       30 years of enforcement actions and settlements resulting in $727,000 in penalties and $99,000 in “environmental benefit projects” have failed to bring Norlite into compliance.

·       30 years of complaints and enforcement actions have failed to bring about effective control of the fugitive dust from Norlite’s facility and prevent it from escaping into the surrounding neighborhood. Independent tests reveal that the dust contains microscopic glass shards, and Norlite’s own Material Safety Data Sheets show that exposure to the dust can cause silicosis, a progressive, irreversible, and deadly lung disease. This poses a clear and present threat to residents near the facility, including children. DEC’s recent installation of fence line monitoring equipment is laudable, but that praise is tempered by the fact that Norlite’s aggregate piles have recently grown larger than ever. Citizen samples prove that the dust is escaping from the facility; fence line monitoring merely delays meaningful action while residents continue to be exposed.

·       In February of 2021, the DEC issued notices of violation to Norlite regarding fugitive dust from Norlite’s pollution control system blowing into surrounding communities but did not stop the practice. For decades, Norlite has misused the Bevill Amendment exemption to collect dust from its pollution control system and mix it in with aggregate and sell it as “block mix.” To meet this exemption, Norlite is supposed to be able to show that it meets certain restrictions on a daily basis. Instead, they test on a monthly or yearly basis--at a time of their own choosing -- in effect creating a large loophole. The dust and other materials from the pollution control system contain heavy metals such as lead, arsenic, and mercury, and may also contain dioxins, furans and other hazardous materials. As with the aggregate, Norlite piles, mixes, and stores this material in the open air, and the dust migrates into the surrounding communities. It is an immediate threat to life.

·       Norlite’s decision to burn 2.4 million pounds of PFAS-containing AFFF and 5 million gallons of water contaminated with AFFF subjected the residents around Norlite to a hazardous experiment without their knowledge. Further, there is still no proof that AFFF can be incinerated with 99.99% destruction as is required by federal EPA regulation. It is more than likely that the AFFF was not adequately destroyed before being spewed out into the surrounding community. While DEC conducted soil and water testing to determine PFAS contamination, that study has not been independently verified, nor does it acknowledge the potential for PFAS-containing emissions to have been inhaled or have escaped beyond the boundaries of the study.

·       Norlite is the largest single-source of mercury pollution in the state, with state permission to emit more than 50 pounds of mercury into the air that families and children breathe. In addition, people from the surrounding community regularly fish in a pond immediately adjacent to Norlite’s “finishing area.” They may be eating this fish, unaware of the mercury and other toxins that the fish have ingested. Only 1/70th of a teaspoon of mercury is needed to contaminate a 25-acre lake to the point where fish are unsafe to eat.

·       Norlite had two uncontrolled burns of hazardous waste in less than one year, which caused unknown emissions and toxins to pollute the air that Norlite’s neighbors breathe.

Given this history and testimonials given by residents, the presence of Norlite has been detrimental to the health, mental wellbeing, and quality of life for its neighbors, including children. It just doesn’t make sense for a hazardous waste incinerator to exist in a bustling metropolitan area where more than 50,000 people live.

This environmental injustice cannot be allowed to continue. Deny Norlite’s Title V and part 373 permits, which expired on December 31, 2020.

Sincerely,

Saratoga Sites Against Norlite Emissions

Lights Out Norlite

League of Women Voters of New York State

NYS Council of Churches

Sierra Club Atlantic Chapter

NAACP Troy Branch #2182

New York Public Interest Research Group

Hudson River Sloop Clearwater

Riverkeeper, Inc.

Rensselaer County Legislature - Minority

Food & Water Watch

Environmental Justice Initiative

Citizen Action of New York

Green Party of New York

Long Island Progressive Coalition

350Brooklyn

350NYC

Alaturco Mediterranean Grill

All Our Energy

Alliance for a Green Economy

Anthropocene Alliance

Arts Center of the Capital Region

Bard & Baker Board Game Cafe

Bethlehem Morning Voice Huddle

Beyond Plastic Alumni group

Bronx Climate Justice North

Brookhaven Landfill Action and Remediation Group

Broome Tioga Green Party

Capital Region Interfaith Creation Care Coalition (CRICCC)

Chris' Coffee Service

Church Women United in New York State

Clean Air Action Network of Glens Falls

Clean Air Coalition of Greater Ravena Coeymans

Clean and Healthy New York

CUNY Divest From Fossil Fuels

Dance for the Planet

Dryden Resource Awareness Coalition

Earthkeeper Health Resources

Erie County Green Party

Extinction Rebellion: Capital Region

Fluoride Action Network

Foodscraps360.com, LLC

Judith Enck, Former EPA Regional Administrator

Fossil Free Tompkins

Friends of the Mahicantuck

Global Alliance for Incinerator Alternatives

Grassroots Environmental Education

Green Education and Legal Fund

Green Party of Brooklyn

Green Party of Nassau County

Green Party of New York

Green Party of Onondaga County

Greening USA

HabitatMap

Hudson Mohawk Industrial Gateway

Hudson Valley Green Party

Justice Center of Rensselaer County

Keep It Greene

KingstonCitizens.org

League of Women Voters Albany County

Lovin' Mama Farm

Media Alliance, Inc.

Menard Properties LLC

Mens Wearhouse

Metro New York Catholic Climate Movement

More Trees Arborist Collective

Mountain Top Progressives

Muddy Trail Jerky Co.

Nassau Hiking & Outdoor Club

North County Earth Action

New York Youth Climate Leaders

New Yorkers for Clean Power

Nine Mile Farm

North American Climate, Conservation and Environment(NACCE)

North Bronx Racial Justice

NYCD16 Indivisible

Oakwood Community Center

Occupyradio.net

Paint Cohoes: Gallery & Studio

PAUSE - People of Albany United for Safe Energy

PJIC Office, Sisters of Charity of New York

Priam LLC

Primo Botanica

Putnam Progressives

Rising Earth Natural Building LLC

Sacred River Healing

Sanctuary Woods

Saratoga Warren Washington Progressive Action

Save the Pine Bush

Seneca Lake Guardian

Shut Down Indian Point NOW!

Sisters of Charity Federation

Slack Hollow Farm

Solidarity Committee -- Capital District

Sonny Daye Incorporated

Soul Fire Farm Institute, Inc.

South Shore Audubon Society

Stop the Algonquin Pipeline Expansion

Sustainable Warwick

TAP Inc

The Climate Reality Project:  Capital Region, NY Chapter

The Community Rising Project

The Tiny Diney

Thomas Berry Forum for Ecological Dialogue at Iona College

Tompkins County Climate Protection Initiative

Tray Farms

Tribal Link Foundation

Trinity Alliance of the Capital Region

Troy 4 Black Lives

Troy Bike Rescue

Troy Central Little League

Troy DSA

Troy Sanctuary Campaign

Underground Alchemy

United Neighbors Concerned About GE Dewey Loeffel Dump (UNCAGED)

Upper Hudson Green Party

UU Congregation of Binghamton, Green Sanctuary

UUCB Green Sanctuary

Vita Rara Inc

West Branch Conservation Association

Women Against War

Youth FX


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